[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR151.19]

[Page 431-433]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 151--ACQUISITION OF TITLE TO LAND IN TRUST--Table of Contents
 
                Subpart E--Tribal Land Acquisition Areas
 
Sec. 151.19  What must be included in a request for Secretarial approval of a Tribal Land Acquisition Area?

    A request for Secretarial approval of a TLAA must be made in 
writing, although we do not require that it take any special form. 
However, we strongly urge the applicant to address each applicable 
section of this part in the order it appears here. Constructing the 
application in this way will help us review the request more 
efficiently. To be complete, a request for Secretarial approval of a 
TLAA must identify the applicant tribe, and must include:
    (a) A complete description, or a copy, of the federal statute(s) 
that authorize the Secretary to accept land in trust on behalf of the 
tribe, and any limitations contained in that authority.
    (b) Copies of tribal documents relating to the establishment of the 
TLAA and the acquisition of land within it, including:
    (1) A copy of the tribe's constitution and by-laws, corporate 
charter, resolution, or excerpts from those documents that identify and 
grant tribal officials the authority to acquire tribal lands on behalf 
of the tribe;
    (2) A copy of a tribal resolution designating the TLAA, including a 
legal description of the lands located within it; and (3)
    (3) A copy of a tribal resolution requesting that the Secretary 
approve the proposed TLAA.
    (c) A narrative summary that describes the purposes and goals for 
acquiring lands in trust within the TLAA, including general information 
about whether the lands are to be used for residential, governmental, 
educational, economic development, or other purposes.
    (d) A narrative of the tribe's history that explains:
    (1) When the tribe was federally recognized, and whether it was 
through legislation, treaty, or the Bureau of Indian Affairs' Federal 
Acknowledgment Process; and
    (2) If applicable, how the tribe became dispossessed of its former 
reservation lands.
    (e) A description of the TLAA, including:

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    (1) A legal description of the lands within the TLAA;
    (2) Information about whether the lands are within the tribe's 
former reservation or aboriginal homelands;
    (3) Information about whether the lands are Federal lands, State 
lands, or private lands;
    (4) Information about whether the lands overlap with another tribe's 
jurisdictional area;
    (5) Information about the significance of the land to the tribe, 
including whether the land has any particular historical, cultural, 
religious, or other value to the tribe; and
    (6) Information about the distance of the TLAA from the Bureau's 
nearest agency or area office.
    (f) A description of the location of roads and rights-of-way, or of 
additional rights-of-way that may be needed to provide access to lands 
located within the TLAA.
    (g) A description of the reasonably anticipated overall effect on 
the State and its political subdivisions of removing lands located 
within the TLAA from tax rolls, and a description of any measures the 
applicant will take to reduce these effects. The description of effects 
must include an explanation of:
    (1) The amount of annual taxes currently assessed by the local 
governments for lands located within the TLAA;
    (2) The amount of annual revenue which would be lost from special 
assessments to the local governments, if any;
    (3) The amount of annual revenue lost from mineral receipts to the 
local governments, if any; and
    (4) The local governments' ability to provide public safety services 
for lands located within the TLAA.
    (h) A description of any overall jurisdictional and land use 
infrastructure issues that might arise if the lands within the TLAA is 
taken into trust. The description must address each of the following 
issues.
    (1) Zoning, including:
    (i) The current zoning of the land;
    (ii) Any proposed use conflicts with current zoning; and
    (iii) Applicable tribal zoning ordinances.
    (2) Law enforcement and cross-deputizing, including:
    (i) Who currently provides law enforcement services for the land;
    (ii) Whether the tribe already has its own law enforcement;
    (iii) Who will supply law enforcement if the land is approved for 
trust status; and
    (iv) Whether additional resources would be needed to provide 
adequate law enforcement.
    (3) Safety factors, including:
    (i) Who supplies fire protection service for lands located within 
the TLAA;
    (ii) Who supplies emergency medical service for lands located within 
the TLAA; and
    (iii) Information about whether lands located within the TLAA are in 
a flood area or flood control area.
    (4) Traffic, roads, and streets, including:
    (i) A description of current access to the land;
    (ii) Describes and quantifies anticipated increased traffic in the 
area from proposed use; and
    (iii) A description of whether existing roads and streets are 
adequate to handle any anticipated increase in traffic caused by the 
proposed use.
    (5) Sanitation, including whether:
    (i) The lands located within the TLAA are on a city sewage system;
    (ii) The lands located within the TLAA are served by an adequate 
sewage system that meets applicable standards;
    (iii) Trash pickup service or another method of trash disposal is 
available for lands located within the TLAA;
    (iv) The city or another facility supplies sanitation services to 
the lands located within the Tribe Land Acquisition Area;
    (v) There is an adequate water supply for the proposed use and any 
future anticipated uses; and
    (vi) Whether the tribe has water rights to the available water 
supply.
    (6) Utilities, including:
    (i) Whether a city or a rural electric company supplies electricity 
to lands located within the TLAA; and
    (ii) The source of heating for lands located within the TLAA, such 
as: natural gas, propane, oil, coal, wood, electric, or solar.

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    (7) Whether there exist any cooperative agreements or voluntary 
actions intended to address jurisdictional and land use conflicts.
    (8) Whether the tribe has made any provisions to compensate the 
State and local governments for revenue lost because of the removal of 
the lands from the tax rolls. (Include any increases in Title IX funding 
from the Indian Education Act or Impact Aid funding.)